1. The claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. 원고 주장의 요지 원고는 주식회사 케이씨씨건설로부터 하도급받은 수원 C아파트 9공구 설비공사와 관련하여 2012. 9. 19.경 피고와 일체용 봉수식 배수트랩(Φ75, 이하 ‘이 사건 건축자재’라 한다)에 관한 제작물공급계약을 체결하고, 그 무렵 피고로부터 이 사건 건축자재를 납품받는데, 이 사건 건축자재에 대한 압축파괴성상검사에서 갈라짐의 하자가 발견되었다.

Therefore, the Defendant is liable to compensate the Plaintiff for damages due to warranty liability or nonperformance. As such, the Defendant is liable to pay the Plaintiff the sum of KRW 4,723,000 for the defective construction material and KRW 22,970,00 for construction cost for replacing the instant construction material (= Labor cost of KRW 19,970,000 for accommodation and food expenses of KRW 3,00 for expenses) and damages for delay.

(A) The Plaintiff asserted that the amount of damages is KRW 76,31,588 in the written application for payment order, but the purport of the claim and the amount of damages claimed by the Plaintiff are different because the Plaintiff did not reduce the amount of damages from the preparatory document dated October 23, 2013, claiming that the amount of damages was modified as above).

Rather, in full view of evidence Nos. 5 and 3-1 and 2 of evidence Nos. 3-2, witness D’s testimony and fact-finding results with respect to the president of the Korea Land and Housing Corporation of this court, the compressed destruction test of the building materials of this case was conducted by the Korea Land and Housing Corporation which awarded a contract for the construction of Suwon Apartment Construction Co., Ltd., and such compressed destruction test may vary depending on surrounding environments such as temperature and habits at the time of the test, and the result of the re-examination is determined even if it was determined to have failed.